The DOL’s Fiduciary Rule: Alive, Dead or Both?

Bass, Berry & Sims attorney Doug Dahl provides an update regarding the Department of Labor’s (DOL) fiduciary rule, which sets forth when an individual becomes a fiduciary by providing investment advice to employer retirement plans. While the final rule was released in April 2016, numerous delays have postponed entire implementation until July 2019. Until then, Doug recommends employers consider the following:

The final rule’s definition of investment fiduciary is in place and has not been delayed further;

There is a fine line between investment education and advice, so the rule could impact employees who interact with plan participants;

Investment advisers should be asked what they are doing to comply with the rule; and,

Internal committees that are responsible for plan administration and/or investments should be aware of the rule and identify its application to their respective plans.